[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 6-22-1992 as L.L. No. 5-1992. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Massapequa Park
hereby finds and declares that graffiti poses a serious problem for our residents
and merchants. The unabated proliferation of graffiti is a physical blight
upon the landscape of our village and costs taxpayers, merchants and homeowners
substantial moneys to remove and repair. The Board also finds that, when unchecked,
graffiti presents an image of a deteriorating community, a community that
no longer cares about itself.
A.Â
Possession of any aerosol spray paint can or broad-tipped
indelible marker or any tool, instrument, article, substance, solution or
other compound designed or commonly used to etch, paint, cover, draw upon
or otherwise place a mark upon any public or private property, by any person
in the proximity of any defacement, without the prior express written consent
of the owner or operator of the property having been obtained, shall create
a rebuttable presumption that such person did deface public or private property
in violation of this chapter.
B.Â
A person is guilty of possession of a graffiti instrument(s)
when he possesses any aerosol spray paint can or broad-tipped indelible marker
or tool, instrument, article, substance, solution or other compound designed
or commonly used to etch, paint, cover, draw upon or otherwise place a mark
upon a piece of property which that person has no permission or authority
to etch, paint, cover, draw upon or otherwise place a mark upon, unless the
express prior written permission of the owner or operator of the property
has been obtained.
No person shall sell or offer to sell an aerosol spray paint can or
broad-tipped indelible marker or any tool, instrument, article, substance,
solution or other compound designed or commonly used to etch, paint, cover,
draw upon or otherwise place a mark upon a piece of property to any person
under the age of eighteen (18) years.
As used in this chapter, the following terms shall have the meanings
indicated:
Any felt-tipped marker or similar marker containing fluid.
Any person who has been found guilty of any violation of the provisions
of this chapter shall be punished by a mandatory minimum fine of two hundred
fifty dollars ($250.) for each violation thereof and/or shall be imprisoned
up to fifteen (15) days in jail, or both. In addition, that person, in the
court's discretion, shall be liable for the cost of removing said graffiti
from the property so defaced as part of his punishment pursuant to the violation
of this chapter or to perform suitable alternate community services pursuant
to the court's discretion.
[Added 11-22-1993 by L.L.
No. 13-1993]
A.Â
Requirement to remove graffiti. The occupant, lessee,
sublessee, agent or landlord of any commercial or residential premises
located within the Incorporated Village of Massapequa Park which has any form
of graffiti on any building, structure or accessory structure or building
shall be required to either restore the defaced surface by removing the graffiti
or repaint the defaced surface using the same color paint as existed previously
on a defaced surface, within one (1) week after written notice to the occupant,
lessee, sublessee, agent or landlord by the Incorporated Village of Massapequa
Park to remove the same.
B.Â
Remedy of village. If said graffiti condition is not
cured or corrected within one (1) week after written notice by the village,
then the village shall have the right to issue a summons and to enter the
premises to remove the graffiti and/or repaint the premises as set forth above,
and the cost of the removal of the graffiti and/or repainting shall be at
the sole cost and expense of the occupant, lessee, sublessee, agent or landlord
of said building or structure or accessory building or structure. The actual
cost of the removal of the graffiti and/or repainting, plus the cost of the
inspection of said graffiti and/or repainting and other costs incidental to
such removal, shall thereupon become a lien upon the real property upon which
the graffiti was found to be and shall be added to and become a part of the
taxes next to be assessed and levied on such real property, and the same shall
be collected and enforced in the same manner as taxes.
